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2022 Supreme(Bom) 2035

S. M. MODAK
Vitthal Shriram Aghav – Appellant
Versus
Rakhamabai Shriram Aghav – Respondent


Advocates Appeared:
Mr. R.L. Khapre, Senior Advocate for Appellants, for the Appellant; Mr. V.K. Paliwal, Advocate for the Respondents

JUDGMENT

1. Heard Shri R.L. Khapre, learned Senior Counsel for the appellants and Shri V.K. Paliwal, Learned Counsel for the respondents.

2. Deceased Shriram Chandrabhan Aghav married to Rakhamabai Shriram Aghav - Plaintiff No.1 and Subhadrabai Shriram Aghav - Defendant No.2. He was having issues out of these marriages. They are as follows : -

3. Rakhamabai Shriram Aghav - Plaintiff filed a Suit for partition bearing R.C.S. No.20 of 2008 in the Court of Civil Judge Junior Division, Lonar, Buldhana. Rakhamabai claimed that her marriage with Shriram took place 40/50 years prior to filing of Suit (in the year 2002). Earlier this Suit was filed in Court at Mehekar later on it was transferred to Lonar Court. There were four agricultural lands and open land along with one house situated at village -Chincholi Sangle Taluka-Lonar, Dist.Buldhana. It is described in para. No. 1 of the plaint. They were the suit properties. Ushabai - Plaintiff No.2 is a daughter born to Rakhmabai out of the said wedlock. Shriram ill-treated her and drove her out of the house. Initially, she filed maintenance

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